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ASMOF Disclaimer

What happens if I join ASMOF and need assistance with a pre-existing issue?

Resolving individual issues can use up a lot of union resources and the union would be financially unviable if a member only joined when they had a problem to be resolved. The underlying principle is that income derived from Union fees should be spent on members who are committed to unionism and not on people who join the Union for convenience purposes only.

ASMOF has a policy which governs applicants joining with a pre-existing issue. You can read the policy here.

This Policy operates much like an insurance policy, in that generally, we do not deal with problems or issues that arose before a person joined the Union. However, the State Council, which is the elected leadership of the union, may grant an exemption where it is in the best interests of the Union and members in general to assist the applicant with their pre-existing issue.

To seek assistance for a pre-existing issue an applicant must declare the issue on their application for membership. The application will be considered by the State Council and they will decide whether we can assist or not.

Please note, there is no guarantee that assistance will be offered on a pre-existing case.

 

 

Important Information

Part 4 of  the Industrial Relations Act 1996 (NSW) governs - among other things - the rights and entitlements of Membership, in particular, that part of the IR Act 1996, requires that applicants be informed of:
  1. The financial obligations arising from membership;
  2. The circumstances and the manner in which the applicant may resign from the organisation.

 

The following information is provided to fulfill these requirements:

Rule 10 (RESIGNATION), Rule 11 (CESSATION), and Rule 13 (LEVIES) of the State Federation are set out below:

10. RESIGNATION

10.1

A Member may terminate their membership of the State Federation by written notice addressed and delivered to the State Secretary.

10.2

Notification of such resignation shall be taken as duly given if:

10.2.1 it is left at the Registered Office of the State Federation; or

10.2.2  it is addressed to the State Federation, or any State Officer thereof, and sent by post to the registered office of the State Federation.

10.3

If a Member specifies in such notification a day, or time, at which the resignation is to be effective, being a day, or time, subsequent to the time when notification is duly given, the membership of the Member shall be deemed to have terminated on the day, or at the time, specified and not before, unless membership is sooner terminated by the State Federation in accordance with these Rules.

10.4

A notice delivered to the State Secretary in accordance with Sub-rule 10.1 shall be taken to have been received by the State Federation when it was delivered.

10.5

If the Member does not specify in such notification a day, or time, at which the resignation is to be effective, then the notice of resignation takes effect on the day on which the notice is received.

10.6

Termination of membership by resignation does not affect the liability of the Member, or former Member, to pay such fees, or levies, as may have been owing at the date of resignation, and such moneys may be sued for and recovered in the name of the State Federation subject to any limitations imposed by the Act.

10.7

A resignation from membership of the State Federation is valid even if it is not effected in accordance with this Rule if the Member is informed in writing by, or on behalf of, the State Federation that the resignation has been accepted.

10.8

In special circumstances the State Council may, in its absolute discretion, by resolution accept the resignation of a Member and release the Member from any, or all, outstanding obligations to the State Federation, notwithstanding that the provisions of these Rules have not been complied with.

11. CESSATION OF MEMBERSHIP

11.1

Where a Member's subscription has been in arrears for a period of three months, the State Secretary may, in writing, notify the Member of the arrears and require payment of the arrears within 14 days.

11.2

Where it comes to the attention of the State Secretary that a Member, whose subscriptions are paid by payroll deductions or direct debit, has ceased to be eligible to become a Member of the State Federation and there were no monies due and owing to the State Federation at the time the member ceased to be so eligible, the State Secretary may deem that Member to have resigned from membership and shall note the State Register accordingly.

11.3

Membership in the State Federation may also cease by expulsion in accordance with Rule 59.

11.4

The cessation of a person's membership shall not affect their liability, if any, to the State Federation for unpaid dues, levies or other moneys subject to any limitation imposed by the Act. 

13. LEVIES

13.1

The State Council shall have the power to impose levies on all the State Federation's membership or in relation to the Members of a State Group, provided that where a levy is imposed only in relation to the Members of a State Group then the monies raised by such levy shall be applied, other than in the circumstances provided for by Rule 65 for the benefit of the members of that State Group.

13.2

Such levies shall be expressed as a percentage of the annual subscription rate determined by the State Council for the year in which the levy is imposed.

13.3

The State Secretary shall notify all Members, or Members of the relevant State Group as the case may be, of the imposition of a levy and of the purpose for which the levy has been imposed.

13.4

Levies shall be payable not later than 21 days after the date upon which the State Secretary gives notice of the imposition of the levy.

13.5

Levies exceeding the total (100%) of the annual subscription rate in any one calendar year shall not be imposed other than by resolution of the State Council.

13.6

A Member who fails to pay a levy within the time specified in this Rule shall be deemed an unfinancial Member until such time as the levy is paid.

13.7

The State Executive may, upon application or of its own motion, waive payment of a levy, either in whole or in part, where satisfied that the circumstances of a Member are such that waiver is justified.